22 Ga. App. 366 | Ga. Ct. App. | 1918
1. A person in possession of a promissory note payable to bearer is presumed to be the owner thereof, until the contrary appears. The burden of rebutting this presumption is upon the party claiming adversely to the party in possession of the note, and the issue as to who is the real owner is a question of fact to be passed upon by' a jury. Gate City Fire Ins. Co. v. Thornton, 5 Ga. App. 585 (63 S. E. 638); Culpepper v. Culpepper, 18 Ga. App. 182 (89 S. E. 161).
2. To constitute a 'valid gift, there must be the intention of the owner to give, acceptance by the donee, and delivery of the article given, or some act1 accepted by the law in lieu thereof.,. Any act that indicates renunciation of dominion by the donor, and the transfer of dominion to the donee, is constructive delivery, and may suffice to create a valid gift. Civil Code (1910), §§ 4144, 4147.
3. There, being evidence to authorize the verdict in favor of the defendant, and the verdict being approved by the trial judgé, and there being no assignment of error of law that requires a reversal of the judgment overruling the motion for a new trial, the judgment is
Affirmed.
Park’s Code, §§ 4150, 5729; Broom v. Davis, 87 Gc. 584; Smith v. Berman, 8 Ga. App. 262; 20 Cyc. 1197.
Civil Code (1910), § 3740; Blalock v. Miland, 87 Ga. 574 (5); Ogden v. Dodge County, 97 Ga. 461 (2).